Terms of use
Agreement to these Terms
These Terms of Use (“Terms”) govern your access to and use of the websites operated by Quinoa, Inc., a Delaware corporation (“Quinoa,” “we,” “us,” “our”), including tryquinoa.health and its subdomains (the “Site”).
By accessing or using the Site, you agree to these Terms and to our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Site.
What these Terms do not cover. If you use the Quinoa application as a patient or caregiver, your use of that application is governed by the Quinoa Participant and Caregiver Terms of Use, not by these Terms. If you access Quinoa’s services through an organization — a research site, a sponsor, or a CRO — the written agreement between Quinoa and that organization governs.
Changes to these Terms
We may update these Terms. We will change the “Updated on” date above.
For material changes we will give notice at least 30 days before they take effect, by posting a prominent notice on the Site and, if you have given us an email address through a Site form, by emailing you. Material changes include modifications to the limitation of liability, indemnification, dispute resolution, or governing law provisions.
Non-material changes — clarifications, typographical corrections, contact updates, and changes required by law — may take effect on posting.
Your continued use of the Site after changes take effect means you accept them. If you don’t agree, stop using the Site.
Eligibility
You must be at least 18 years old and able to form a binding contract to use the Site. The Site is not directed to children.
What the Site is — and is not
We provide the Site to share information about Quinoa, our platform, our team, and our approach; to let you request materials and demos; to let you subscribe to updates; and to make publicly available content such as posts and resources accessible.
The Site is not the Quinoa platform. Access to and use of the Quinoa platform — including any module involving protected health information, clinical trial data, adverse event workflows, or the patient and caregiver application — is governed by separately executed written agreements with the contracting organization, including master services agreements, statements of work, business associate agreements, data processing agreements, and pilot agreements. Nothing on the Site is an offer to license or provide the platform.
Permitted use
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Site for your personal or internal business purposes.
Prohibited conduct
You agree not to:
use the Site for any unlawful purpose or in violation of these Terms;
copy, reproduce, republish, distribute, or create derivative works from Site content except as expressly permitted;
scrape, crawl, harvest, or use automated means to access or collect data from the Site, other than by a search engine operating in accordance with our robots.txt;
reverse engineer, decompile, or attempt to derive the source code of any software on the Site;
probe, scan, or test the vulnerability of the Site, or breach or circumvent any security or authentication measure;
introduce viruses, malware, or other harmful code;
impose an unreasonable load on our infrastructure, or interfere with the Site’s operation;
use the Site to build or train a competing product or service, or to develop any machine learning or AI model; or
misrepresent your identity or affiliation.
Submissions to the Site
The Site may let you submit information — for example, a demo request, a contact form, a newsletter signup, or a job application. You are responsible for what you submit. By making a submission, you represent that:
the information is accurate, current, and complete;
you have authority to submit it, including authority to provide any organizational affiliation or contact information it references;
it does not violate anyone’s privacy, publicity, contractual, or intellectual property rights;
it contains no protected health information, patient records, clinical trial participant data, or other individually identifiable health information; and
it contains no confidential information of a third party, including trade secrets, proprietary clinical protocols, or non-public study data, unless you are authorized to disclose it.
We have no obligation to monitor submissions, but we may review, retain, or remove any of them at our discretion.
Do not submit personal health information through the Site. The Site’s forms are not intended for health information, and you should not use them to send details about your medical condition, a patient’s condition, or a clinical trial participant.
Feedback. If you send us suggestions or ideas about our products or the Site, you grant us a perpetual, worldwide, royalty-free, sublicensable, irrevocable license to use them without any obligation to you. We will not publish your feedback in a way that identifies you without your permission.
Informational purposes and disclaimers
Content on the Site — including descriptions of our products, features, research, and capabilities — is provided for general informational purposes only.
It is not medical advice. Nothing on the Site is medical advice, diagnosis, treatment, or a clinical recommendation, and using the Site does not create a provider-patient or professional relationship. Consult a qualified healthcare professional about your care.
It is not legal or regulatory advice. Content about regulations, standards, or compliance is general information, not advice about your situation.
It is not investment advice, and it is not an offer of securities. Content about our business, financing, partnerships, or financial position is informational only and does not constitute an offer to sell or a solicitation of an offer to buy any security.
Forward-looking statements. Statements about future features, roadmap items, planned integrations, anticipated timelines, market opportunity, partnerships, or regulatory pathway are subject to change without notice and are not commitments. Actual outcomes may differ materially.
Performance and validation statements. Any statement about the accuracy, agreement, speed, or performance of our automated features refers to internal testing unless we say otherwise. It is not a substitute for site-specific validation, clinical evaluation, or regulatory review, and it is not a guarantee of results in your environment.
Third-party content. We make no representations about third-party content, products, or services referenced on or linked from the Site.
If you are having a medical emergency, call 911 or go to the nearest emergency department.
Intellectual property
The Site and its contents — including software, text, graphics, images, logos, page layouts, design, and the selection and arrangement of content — are owned by Quinoa or its licensors and are protected by United States and international intellectual property laws.
“Quinoa” and our logos are our trademarks. You may not use them without our prior written permission. Third-party names and marks appearing on the Site belong to their respective owners, and their appearance does not imply endorsement or affiliation.
Brand use. Editorial use of our name and logo in news reporting and reviews is generally permitted. Commercial use — in marketing materials, presentations to third parties, websites, or product integrations — requires our prior written permission. Requests go to legal@tryquinoa.health.
Third-party links
The Site may link to third-party websites and resources. We do not control them, we do not endorse them, and we are not responsible for their content, products, or privacy practices. Your use of a third-party site is governed by that site’s own terms.
Copyright complaints
If you believe content on the Site infringes your copyright, send a notice to legal@tryquinoa.health with the subject line “Copyright Notice,” including:
your physical or electronic signature, or that of a person authorized to act for the copyright owner;
identification of the copyrighted work claimed to be infringed;
identification of the material you claim is infringing, and where it is located on the Site;
your address, telephone number, and email address;
a statement that you have a good faith belief the use is not authorized by the owner, its agent, or the law; and
a statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act.
We may remove material and terminate access for repeat infringers.
Disclaimer of warranties
The Site and all content are provided “as is” and “as available.” To the maximum extent permitted by law, Quinoa disclaims all warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that the Site will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Site or its servers are free of harmful components. We do not warrant the accuracy, completeness, or currency of Site content.
Limitation of liability
To the maximum extent permitted by law, Quinoa will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, arising out of or relating to your use of or inability to use the Site.
To the maximum extent permitted by law, Quinoa’s total liability for all claims arising out of or relating to the Site will not exceed one hundred dollars ($100).
Nothing in these Terms limits liability that cannot be limited under applicable law, including for gross negligence, willful misconduct, or fraud. Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you.
Indemnification
You agree to defend, indemnify, and hold harmless Quinoa and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to: your access to or use of the Site; your violation of these Terms; your violation of any applicable law; your violation of any third party’s rights, including intellectual property, privacy, publicity, or contractual rights; or your submissions.
We may, at our own expense, assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate in asserting available defenses. You will not settle any such matter without our prior written consent.
Availability and termination
We may modify, suspend, or discontinue the Site or any part of it at any time, with or without notice. We may also restrict or terminate your access to the Site if we believe you have violated these Terms or applicable law. We are not liable for any unavailability of the Site.
Dispute resolution
Please read this section carefully. It affects how disputes between you and Quinoa are resolved.
Informal resolution first. Before starting a formal proceeding, contact us at legal@tryquinoa.health with your name, your contact information, and a description of the dispute. We will each try in good faith to resolve it for at least 60 days.
Arbitration. If we cannot resolve it informally, you and Quinoa agree that any dispute arising out of or relating to these Terms or the Site will be resolved by binding arbitration administered by JAMS, under its applicable rules and, where you are a consumer, its Consumer Arbitration Minimum Standards of Procedural Fairness. The arbitrator may award any relief a court could award on an individual basis.
Fees. For consumer claims, you will pay no more than $250 in arbitration filing and administrative fees. Quinoa will pay all remaining filing, administrative, and arbitrator fees.
Where. At your election, arbitration will be conducted by telephone or video, on written submissions only, in the county where you live, or in Minneapolis, Minnesota. You will not be required to travel to arbitrate.
Your right to opt out. You may opt out of this arbitration agreement by emailing legal@tryquinoa.health within 30 days of first accepting these Terms, stating your name and that you are opting out of arbitration. Opting out does not affect any other part of these Terms.
Exceptions. Either party may seek injunctive or other equitable relief in court to prevent unauthorized access to the Site or infringement or misuse of intellectual property. Either party may also bring an individual claim in small claims court if it qualifies.
Class action waiver. Claims may be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative proceeding.
If the class action waiver above is found unenforceable in a particular proceeding, then this entire dispute resolution section is null and void as to that proceeding, and the dispute will proceed in the courts identified under Governing law — except that claims for injunctive or equitable relief regarding intellectual property remain available in court. If any other provision of this section is found unenforceable, the remainder stays in effect.
Governing law
These Terms are governed by the laws of the State of Minnesota, without regard to its conflict of laws rules. Subject to the dispute resolution section, the state and federal courts located in Hennepin County, Minnesota have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to their jurisdiction and venue.
International use and export
The Site is intended for users in the United States. We make no representation that it is appropriate or available in other locations. If you access the Site from outside the United States, you do so at your own risk and are responsible for complying with local law.
You represent that you are not located in a country subject to a United States embargo, and that you are not on any United States government prohibited or restricted party list.
California consumer notice
Under California Civil Code Section 1789.3, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at 1-800-952-5210.
General
Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Quinoa regarding the Site.
Severability. If any provision is held unlawful or unenforceable, the remaining provisions stay in full force.
No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
Assignment. You may not assign these Terms without our prior written consent. We may assign them without restriction, including in connection with a merger, acquisition, or sale of assets.
Survival. Provisions covering submissions, intellectual property, and the disclaimers, liability, indemnification, dispute, and general terms survive any termination of your access to the Site.
Force majeure. Neither party is liable for delays or failures caused by circumstances beyond its reasonable control.
No agency. These Terms create no agency, partnership, joint venture, employment, or franchise relationship.
Conflict with platform agreements. These Terms govern only the Site. If they conflict with a separately executed platform agreement, that agreement governs as to its subject matter.
Headings. Section headings are for convenience only and do not affect interpretation.
Contact
QUINOA, INC.
47 Spruce Pl, Minneapolis, MN 55403
LEGAL NOTICES AND COPYRIGHT CLAIMS
legal@tryquinoa.health
PHONE
(607) 262-5941